A man has seen a charge against him of trespassing at a Ballsbridge home dismissed after a judge found the State had failed to establish the required evidence to make a case.
Mohammed Bishet (30), of no fixed abode, had pleaded not guilty at Dún Laoghaire District Court to entering a residence at Lansdowne Park, Ballsbridge, Dublin 4, as a trespasser on 2 March last.
He was charged under section 11 of the Criminal Justice (Public Order) Act 1994, which requires the State to prove that the accused entered without the owner’s consent and in circumstances giving rise to a reasonable inference of intent to commit an offence or unlawfully interfere with property.
The court heard that Gardaí responding to a call regarding an issue at the property went to Lansdowne Park. They saw that the front-door lock appeared to have been broken and the door was open.
A light was on upstairs and two males were spotted. Gardaí cautioned Mr Bishet in the usual manner and conveyed him to Irishtown Garda Station, where he was later charged by Sergeant Donal O’Sullivan. The court heard that he made no reply after caution.
Defence counsel, Silvia Maria Crowley BL, submitted that the prosecution had failed to establish any evidence from the owner or occupier confirming lack of consent for entry, which is a core requirement under section 11.
She said there was no evidence that Mr Bishet had broken the lock or caused any damage. Counsel submitted that when Mr Bishet went onto the property, the lock was already broken and the door open, and he did not know who had broken it.
Counsel also argued that there was no evidence of any intent to break the law or interfere with property. She noted that Mr Bishet had made no attempt to flee from Gardaí.
Judge Áine Shannon agreed that the State had not reached the prima facie case threshold. She said the absence of evidence from the owner, combined with the lack of proof of any unlawful intent, meant the prosecution had not proved its case to the required standard.
The hearing was dismissed.